C.F.R. » Title 46 » CHAPTER IV—FEDERAL MARITIME COMMISSION › SUBCHAPTER A—GENERAL AND ADMINISTRATIVE PROVISIONS › PART 502—RULES OF PRACTICE AND PROCEDURE › Subpart P—Reconsideration of Proceedings

46 C.F.R. § 502.261

Petitions for reconsideration and stay

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Within thirty (30) days after issuance of a final decision or order by the Commission, any party may file a petition for reconsideration. Such petition shall be limited to 25 pages in length and shall be served in conformity with the requirements of subpart H of this part. A petition will be subject to summary rejection unless it:

(1) Specifies that there has been a change in material fact or in applicable law, which change has occurred after issuance of the decision or order;

(2) Identifies a substantive error in material fact contained in the decision or order; or

(3) Addresses a finding, conclusion or other matter upon which the party has not previously had the opportunity to comment or which was not addressed in the briefs or arguments of any party. Petitions which merely elaborate upon or repeat arguments made prior to the decision or order will not be received. A petition shall be verified if verification of the original pleading is required and shall not operate as a stay of any rule or order of the Commission.

(b) A petition for stay of a Commission order which directs the discontinuance of statutory violations will not be received.

(c) The provisions of this section are not applicable to decisions issued pursuant to subpart S of this part. [Rule 261.]

[49 FR 44369, Nov. 6, 1984, as amended at 58 FR 27211, May 7, 1993]
Notes of Decisions
Cited in 3 cases, 1970–1989 · leading case: Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970).
Sort: Relevance Newest Treatment
Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970). “” 46 CFR § 502.261 . 13 See Fed. Rule Civ. Proc.”
Nat'l Customs Brokers & Forwarders Ass'n of Am. v. United States, 883 F.2d 93 (D.C. Cir. 1989). “The Commission, instead, rejected it under 46 C.F.R. section 502.261 (1988) because the petition did not, as that rule requires: (1) specify a change in fact or law since the initial order; (2) identify a substantive error in material fact in the initial order; or (3) address a…”
Nat'l Customs Brokers & Forwarders Ass'n Of Am. v. United States, 883 F.2d 93 (D.C. Cir. 1989). “The Commission, instead, rejected it under 46 C.F.R. section 502.261 (1988) because the petition did not, as that rule requires: (1) specify a change in fact or law since the initial order; (2) identify a substantive error in material fact in the initial order; or (3) address a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.